SCOTUS blog reports the delightful news of the final nail being hammered in Proposition 8's coffin:
The Hollingsworth v. Perry case (which began as Perry v. Schwarznegger) is finally over. Proposition 8 is dead. The bittersweet feeling from election night on 2008 (Obama wins! Marriage Equality loses!) is now dissipated. The kultukampf is finished in California and the forces of "equal justice under law" have won this battle.
But the culture war goes on in the country because there are 37 states which do not have marriage equality, and the vast majority of those states (exactly thirty, according to Wikipedia) have explicit state constitutional bans on recognizing or enacting same-sex civil marriages. New Mexico and New Jersey are the only two states, I believe, that have neither laws or constitutional amendments banning same-sex marriages. I guess there must be five states which only have statutes banning same-sex marriages (according to Freedom to Marry, these five are Illlinois, Pennsylvania, Indiana, West Virginia and Wyoming).
In fact, New Jersey currently has a civil unions law, and Lambda Legal announced it is refiling a case there, opening up the famous Lewis v Harris New Jersey State Supreme course case which ruled that the legislature had to offer all the same rights and benefits to same-sex couples as it does to different-sex couples. With the addition of federal benefits to same-sex married couples, no state that purports to claim that a civil union meet the Lewis v. Harris (and 1999's Baker v. Vermont) standard has a legal leg to stand on.
In New Mexico, which also does not have any law banning same-sex marriages, the question of whether county clerks have the right to issue marriage licenses to same-sex couples is being asked directly of the state Supreme Court. The Court has not decided whether it will take the case, and the state Legislature has repeatedly refused to pass legislation enacting marriage equality of even domestic partnerships.
And of course, in 29 states you can be fired (without a state-based legal recourse) if your employer merely thinks that you might be gay, lesbian or bisexual. The Employment Non-Discrimination Act would make it illegal as a measure of federal law for that to be the case.